According to judicial interpretations,attempted fraud involving"relatively large amounts"is not punishable,whereas cases involving"large amounts"are subject to penalties.This has direct significance for the study of attempted fraud in such cases.Cases lacking deceitful conduct or involving an impossible offense do not constitute attempted fraud.Whether neutral assistance constitutes fraud requires a restrictive discussion.Narrowly defined rights exercise generally does not constitute fraud,and when an owner uses deceit to retrieve their property,it is also not considered fraud.Deceptive conduct without a demand for delivery may,in some cases,exceptionally be considered as"commencement"of the crime.The standard for determining the commencement of different types of fraud needs to be assessed separately.The standard for the completion of fraud should adopt the"acquisition plus harm"theory.When the act of disposition does not result in the perpetrator acquiring property,it is more likely to be considered attempted fraud.After the commencement of the act but before the completion of the crime,various circumstances can constitute attempted fraud.When penalizing attempted fraud,care must be taken to avoid redundant evaluations.
impossible crimeexercise of rightscommencementacquisition plus harmattempted crime
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